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U.S. v. SCHROEDER

No. 89-1240.

900 F.2d 1144 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Walter H. SCHROEDER, Josephine J. Schroeder, and Louis Brodnan, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 27, 1990.

Attorney(s) appearing for the Case

Richard M. Prendergast, Dept. of Justice, Tax Div., Washington, D.C., Eileen M. Marutzky, Asst. U.S. Atty., Chicago, Ill., Gary R. Allen, Ann Belanger Durney, David M. Moore, Dept. of Justice, Tax Div., Appellate Section, Washington, D.C., for plaintiff-appellant.

Lowell Komie, Michele Reilly, Arnold H. Landis, Chicago, Ill., John D. Kightlinger, Robert F. Meersman, Kathleen T. Meersman, Meersman & Meersman, Mount Prospect, Ill., for defendants-appellees.

Before WOOD, Jr. and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Arlington Plating Company, Inc. ("APC") withheld $131,428.72 in personal income and social security taxes from its employees' wages but it did not remit these "trust-fund" taxes as required to the United States. APC's officers, among whom were included Walter Schroeder and Louis Brodnan, chose instead to give the money to APC's creditors in an attempt to prevent the corporation's insolvency. The attempt failed. APC entered bankruptcy...

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